DC's "Emergency Police Commissioner" position is appointed by Bondi, sparking resistance from capital leaders.
The appointment of the Drug Enforcement Administration (DEA) head, Terrance Cole, as Washington D.C.’s "emergency police commissioner" by the Trump administration has raised significant legal challenges over federal authority versus local control.
This move has given Cole full powers of the police chief over the Metropolitan Police Department (MPD), effectively imposing a federal takeover of local policing. Washington D.C. officials, including Attorney General Brian Schwalb and Mayor Muriel Bowser, have strongly opposed the appointment as unlawful.
Schwalb argued the directive could not be followed since it bypassed local authority, stressing that only officials appointed by the Mayor have legal command over the police force. Bowser similarly declared there is no statute allowing a federal official to assume personnel authority over DC police.
A subsequent federal court hearing addressed this dispute. Following judicial encouragement to find a compromise, Attorney General Pam Bondi issued a revised order returning control to Police Chief Pamela Smith but maintaining some federal oversight requiring liaison with DC’s mayoral office. This indicated a partial rollback of the initial appointment while the legal conflict remains unresolved.
Key legal implications include:
- Federal vs. local jurisdiction conflict: The appointment challenges Washington D.C.’s Home Rule, where local officials traditionally control the police department.
- Statutory authority: Critics argue no existing law grants the federal executive branch authority to appoint and direct DC police leadership unilaterally.
- Potential constitutional questions: The takeover raises issues about separation of powers and the limits of federal intervention in municipal governance.
- Ongoing litigation risk: The initial directive was challenged in federal court, potentially leading to longer-term legal battles over the scope of federal authority in the capital.
In the meantime, National Guard troops, Department of Homeland Security police, DEA agents, and Secret Service officers have been seen patrolling various areas in Washington. The Guard members, unarmed, are involved in monument security, community safety patrols, and beautification efforts. They are also providing assistance in various roles, including traffic control posts and crowd control. The visibility of these federal forces has increased significantly in Washington.
The Guard members have been trained in de-escalation tactics and crowd control equipment. However, the White House stated that Guard members aren't making arrests but are "protecting federal assets, providing a safe environment for law enforcement officers to make arrests, and deterring violent crime with a visible law enforcement presence."
The MPD must receive approval from Commissioner Cole before issuing any orders. This has led to a change in directives, with all new orders now requiring approval from Commissioner Cole.
The increased federal presence in Washington has also led to homeless residents packing up their belongings in response to a clear threat from the Trump administration, with expectations of law enforcement officers fanning out to forcibly take down remaining homeless encampments. City workers have put up signs announcing a general cleanup of public spaces, starting at 10 a.m. on Monday.
On the enforcement front, 45 arrests were made on Wednesday night, with 29 people arrested for living in the country illegally. Other arrests included distribution or possession of drugs, carrying a concealed weapon, and assaulting a federal officer.
Despite the ongoing legal challenges, the federal takeover of Washington D.C. policing continues, sparking significant controversy and debate over federal overreach and local autonomy. The courts have urged compromise but have not definitively resolved the underlying statutory and constitutional questions.
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